Private nuisance Flashcards

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1
Q

What is meant by private nuisance

A

An unlawful interference for a substantial length of time with a person’s right to enjoy or use his land
in a reasonable way

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2
Q

What is the 4 part test for private nuisance

A

Right to claim, who is the defendant, interference and unlawfulness

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3
Q

Who has a right to claim in private nuisance

A

Someone with a legal interest in the effected land, such as an owner or tenant

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4
Q

What is the case for who can claim in private nuisance

A

Hunter v Canary wharf

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5
Q

Who can be claimed against (the defendant) in private nuisance

A

The creator of the nuisance or if the land owner of the land is a different person they can also be the defendant if they adopt or continue the activities of the creator

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6
Q

What case would you use for the creator of the nuisance being the defendant in private nuisance

A

Tetley v ChittyWhat

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7
Q

What case would you use for the occupier being the defendant even if they didn’t create the nuisance but adopted or continued the creators acts in private nuisance

A

Sedleigh Denfield v O’VCallaghan

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8
Q

What are the 2 things that an interference must form

A

Physical damage or loss of amenity

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9
Q

What is meant by physical damage under interference in private nuisance

A

Things such as gases, oils, drains and vibrations causing damage to Cs property, not personal injury

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10
Q

What is meant by loss of amenity under interference in private nuisance

A

Cs ability to use or enjoy their land is restricted by the activities of the defendant

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11
Q

What is meant by unlawfulness in private nuisance

A

Whether the nuisance interferes with ordinary existence so whether the impact on the claimant is so unreasonable that they should not have to put up with it

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12
Q

Why is nuisance a variable standard

A

As it depends what activities are occurring and where to decide whether or not they are unlawful

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13
Q

What are the 5 factors that the court will consider under unlawfulness

A

Locality, duration, sensitivity, social utility and malic

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14
Q

What is meant by locality as a factor of unlawfulness of private nuisance

A

Whether or not the activity is suitable for the area, more industrial zones are better suited for some activities then residential areas

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15
Q

When is locality irrelevant in private nuisance

A

When there has been physical damage

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16
Q

What case would you use for locality as a factor of unlawfulness in private nuisance

A

Halsey v Esso

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17
Q

What is meant by duration as a factor of unlawfulness of private nuisance

A

The more often something happens, the more likely it is to become nuisance, however in the right circumstances a one off is enough

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18
Q

What case would you use for duration as a factor of unlawfulness in private nuisance

A

Spicer v Smee

19
Q

What is meant by sensitivity as a factor of unlawfulness of private nuisance

A

If the claimant is using his property for an extra sensitive use they are not entitled to sue in circumstance where a reasonable use would not need protection

20
Q

What case would you use for sensitivity as a factor of unlawfulness in private nuisance

A

Robinson v Kilvert

21
Q

What is meant by social utility as a factor of unlawfulness of private nuisance

A

The usefulness to society of Ds conduct has a bearing on whether it is reasonable for the claimant to have to put up with it, if it is considered he is providing a benefit to the community then the court may consider the actions reasonable

22
Q

What case would you use for social utility as a factor of unlawfulness in private nuisance

A

Miller v Jackson

23
Q

What is meant by malice as a factor of unlawfulness of private nuisance

A

If D deliberately does something purely to annoy the C, the Ds malice can make something unlawful which may not have otherwise been a nuisance

24
Q

What case would you use for malice as a factor of unlawfulness in private nuisance

A

Christie v Davey

25
Q

What are the 2 defences that can be used in private nuisance

A

Statutory authority and prescription

26
Q

What is meant by statutory authority as a defence under private nuisance

A

Nuisance is created by a public body acting under a legislative duty or power as long as it is not being carried out negligently

27
Q

What is a case that would be used for statutory authority as a defence in private nuisance

A

Allen v Gulf oil

28
Q

What is meant by prescription as a defence under private nuisance

A

If the action has been carried out for at least 20 years, and there has been no complaint between the parties at that time then the D has a prescriptive right to continue

29
Q

What case would you use for prescription as a defence under private nuisance

A

Struges v Bridgeman

30
Q

What are non defences in private nuisance

A

Defences that cannot be used in order to support the defendants case

31
Q

What is an example of a non defence in private nuisance

A

The defendant cannot state that the claimant new about the nuisance and moved anyway

32
Q

What case would you use for non defences in private nuisance

A

Struges v Bridgeman

33
Q

What are the 3 remedies that can be given out for private nuisance

A

Injunctions, damages or abatement

34
Q

What are injections under private nuisance as a remedy

A

Prohibits or controls an activity, an injunction will not be granted for trivial matters or where it is public interest not to do so

35
Q

What is a case that we would use for an injunction as a remedy in private nuisance

A

Miller v Jackson

36
Q

What are damages as a remedy in private nuisance

A

Payment made for any damage caused

37
Q

What are the 2 types of damages that can be given in private nuisance

A

Loss of use and physical damage

38
Q

What is loss of use under damages in remedies for private nuisance

A

Damages are equal to the loss in value to the land

39
Q

What case would you use for loss of use under damages in remedies for private nuisance

A

Hunter v Canary wharf

40
Q

What are physical damages under damages in remedies for private nuisance

A

Damages awarded for consequential damage such as land, plants, buildings and goods

41
Q

What must the damage be in order to claim damages as a remedy in private nuisance

A

Reasonably foreseeable

42
Q

What case states damage must be reasonably foreseeable in order to gain damages under private nuisance

A

Wagon mound no.2

43
Q

What is abatement as a remedy under private nuisance

A

Self help remedy and it means the C has the right to take reasonable steps to deal with the nuisance themselves

44
Q

What case would you use for abatement as a remedy for private nuisance

A

Lemmon v Webb